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to hold this suspect as an enemy combatant. that would deny him legal rights under the laws of war. is that the way to go? joining me now, jay, chief counsel for law and justice, and julia, democratic strategist and former chief counsel of the house judiciary committee. you have two extremes here. you have folks like the the aclu, to be afforded all the same rights and treated the same way any of the three of us would if we were involved in robbing the corner store. and then you have the other side, graham and mccain who say, enemy combatant, no miranda, et cetera. jay, where do you fall on it? >> i think the department of justice right now has done the right thing by utilizing the public policy exception to the mirandaizing. that gives the department of -- >> explain briefly what that is. >> if in fact based on evidence that this plot was more extensive. if it is more extensive, and we have no evidence of any of this, the government's going to find that out quickly. then they can make the decision to declare him an enemy comba
to hold this suspect as an enemy combatant. that would deny him legal rights under the laws of war. is that the way to go? joining me now, jay, chief counsel for law and justice, and julia, democratic strategist and former chief counsel of the house judiciary committee. you have two extremes here. you have folks like the the aclu, to be afforded all the same rights and treated the same way any of the three of us would if we were involved in robbing the corner store. and then you have the other...
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the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among other things, in the room the night of the bin laden raid when it was planned and orders carried out from the situation room. former head of counter terrorism for this country, michael, walk us through what is likely to happen now. what's the first set of official eyeballs that will sit down across from or ride with this suspect. especially for those of us who would simply like to know what it takes for a 19-year-old to be convinced that putting a bomb down next to little kids is a good idea. >> brian, as pete mentioned during the christmas day bomber in 2009, we hadn't fully established a protocol and discussion about how a terror suspect would be interrogated. we worked through the problem more. there will have already been prethis arrest a very extensive discussion between the fbi and the rest of the intelligence communi
the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among other things, in the room the night of the bin laden raid when it was planned and orders carried out from the situation room. former head of counter terrorism for this country, michael, walk us through what is likely to happen now. what's the first set of official eyeballs that...
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that's why i've been urging the obama administration to hold him as a potential enemy combatant so we can continue this dialogue apart from the criminal case. >> bret: okay. let me just play devil's advocate and say he is an american citizen. he became one he september 11, 2012. dzhokhar, some with say, should be afforded the rights of american citizens, should be given those rights. let's say he's not the guy and let's say he didn't place the bag. let's say, you know, of course, there is a lot of evidence that police and the f.b.i. are saying and they had him in that boat and we've all saw it live on tv. let's say he's not the guy. >> okay. >> bret: shouldn't he be given the miranda rights? >> he should be given miranda rights no matter what because if you're going to prosecute -- if you interview him to try to find out if he's guilty, he should get miranda rights. every person should if you're going to try to interview them to gain information to convict them in court. he's not entitled to miranda rights if he's a terrorist who is associated himself with enemies of the nation. ameri
that's why i've been urging the obama administration to hold him as a potential enemy combatant so we can continue this dialogue apart from the criminal case. >> bret: okay. let me just play devil's advocate and say he is an american citizen. he became one he september 11, 2012. dzhokhar, some with say, should be afforded the rights of american citizens, should be given those rights. let's say he's not the guy and let's say he didn't place the bag. let's say, you know, of course, there is...
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this comes against the backdrop of civilian trial versus enemy combatant. the obama administration trying to demonstrate civilian tools are adequate and tough enough to make everybody safe. in that process the public safety exception seems to be evolving for terrorism purposes. for example, just to sort of track we remember that the so-called christmas day bomber who was briefly interrogated under the public safety exception but then very quickly given his miranda rights. that set off a fire storm of criticism not being tough enough on terrorists. the next high profile veevent w the fire square bomber. you can ask somebody where there's a reasonably objective standard. what are you asking about immediate danger and is there a belief there is imminent danger and when you're trying to elicit a confession. that's where it gets kind of gray. in this case it's a very high profile announcement that miranda isn't going to happen any time soon. whatever else we can draw from this it's going to be much tougher statement about the administration's approach to so-call
this comes against the backdrop of civilian trial versus enemy combatant. the obama administration trying to demonstrate civilian tools are adequate and tough enough to make everybody safe. in that process the public safety exception seems to be evolving for terrorism purposes. for example, just to sort of track we remember that the so-called christmas day bomber who was briefly interrogated under the public safety exception but then very quickly given his miranda rights. that set off a fire...
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administration seriously considered the enemy combat and option. what that means is this suspect it could go to the military court system but the president signaled the opposite to read between the lines that he believes what distinguishes america is the several civilian court system to uphold our values. he is getting pressure to name him the enemy combat in to that with the two other things he is signaling if he survives go through the civilian court system. >> it appears he will@ survive for cut end henry live. the last time we heard from the authorities at the 6:00 eastern time the news was not good at all and they told the people they cannot find a second suspect and they were lifting the shelter employs order but there were a lot of questions were the investigation was going bad minutes later there was the call of the suspect. are corresponded has the news and the end of this was incredibly tends. >> and it happened right here this building right after those state troopers this is where it finalized just underside is the driveway there is the
administration seriously considered the enemy combat and option. what that means is this suspect it could go to the military court system but the president signaled the opposite to read between the lines that he believes what distinguishes america is the several civilian court system to uphold our values. he is getting pressure to name him the enemy combat in to that with the two other things he is signaling if he survives go through the civilian court system. >> it appears he will@...
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administration will consider the enemy combatant option. that means is that this suspect if recovers could be spent down to the military court system. the president signaled the open it? a statement saying what he believes distinguishes america is that we have our own civilian court system. so he's getting pressure tonight he is signaling he'll probably put him, if he survives. >> ed henry live this saturday morning. last time we heard from authorities the news was not good. authorities came to the microphone, told people they'd not been able to find a second suspect they were lifting shelter in place order but there are questions about this this investigation was going and then, just minutes later they located a second suspect in watertown. the area they'd been combing all day long. mike tobin with news he's live this morning. mike, end of this thing was tense. >> and the end of it happened here this, building you can see lit up behind me just past state troopers this is where it finalized. just on the other side of the house, the driveway
administration will consider the enemy combatant option. that means is that this suspect if recovers could be spent down to the military court system. the president signaled the open it? a statement saying what he believes distinguishes america is that we have our own civilian court system. so he's getting pressure tonight he is signaling he'll probably put him, if he survives. >> ed henry live this saturday morning. last time we heard from authorities the news was not good. authorities...
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status, but the obama administration has tremendous experience in the prosecution of terrorist suspects. they've looked at this issue and i'm completely confident they're going to do it through a federal court and you're not going to see the enemy combatant issue become a major issue for the obama administration. >> roger, the fact they are putting this special safety categorization right now, the saturday for the greater community, how long can that last? is there a time frame in which it will expire and they must mirandize him, get him an attorney if he wants one? >> well, i trust what pete williams says on these things and there is a period of time, 36 to 48 hours. it's somewhat fudgible. it will defend when aware enough and coherent enough to begin to answer questions. but remember, the exception is about imminent threat. does he know of any other terrorist plots? has he planted any other devices? it's about the immediate safety and security of american citizens. and once law enforcement has concluded that is not an issue anymore based on his questions, they'll then move on to what
status, but the obama administration has tremendous experience in the prosecution of terrorist suspects. they've looked at this issue and i'm completely confident they're going to do it through a federal court and you're not going to see the enemy combatant issue become a major issue for the obama administration. >> roger, the fact they are putting this special safety categorization right now, the saturday for the greater community, how long can that last? is there a time frame in which...
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i don't think there's any question how the obama administration will come down on it. >> we move on. >> yes, we do. >>> as we mentioned, president obama appeared at the white house briefing room last night. he thanked authorities and said many unanswered questions remain. nbc's kristen welker is there this morning. kristen, good morning to you. >> all in all this has been a tough week. >> reporter: in a late-night appearance in the white house briefing room, president obama praised the quick work of the fbi, state and local officials who brought an end to five days of terror. >> and tonight because of their determined efforts we've closed an important chapter in this tragedy. >> reporter: administration officials say fbi director robert mueller broke the news to the president that federal agents had arrested the second suspect. homeland security adviser lisa monaco also briefed the president. >> how did they plan and carry out these attacks and did they receive help? >> reporter: the comments cap an extraordinary day which saw the boston area go into lockdown mode hours after the pre
i don't think there's any question how the obama administration will come down on it. >> we move on. >> yes, we do. >>> as we mentioned, president obama appeared at the white house briefing room last night. he thanked authorities and said many unanswered questions remain. nbc's kristen welker is there this morning. kristen, good morning to you. >> all in all this has been a tough week. >> reporter: in a late-night appearance in the white house briefing room,...
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senator lindsay graham tweeted today about urging the obama administration to consider not mirandizing, not using the standard procedures of due process for someone in a criminal proceeding but to make them an enemy combatant or some other parallel legal regime. i imagine investigators are proceeding according to the textbook in this case, which is essentially due process, u.s. constitution, doj procedure, is that right? pete? okay. all right. we now have someone on the phone, we have someone who grew up with dzhokar tsarnaev. she asked to go by her first name only. she went to school from 6th to 12th grade with him. is that right? >> yes, we went to the school around the corner and had recess together. from freshman to my senior year in high school. >> can i ask you to turn the tv down in there, if that's all right? >> yeah, no problem. >> we have on the phone andrenea. friends with suspect number two. we believe he is pinned down in a boat in a backyard. >> hello? >> can you tell me what your sense is of dzhokar? >> he was outgoing. a popular kid. he honestly would never hurt a fly.
senator lindsay graham tweeted today about urging the obama administration to consider not mirandizing, not using the standard procedures of due process for someone in a criminal proceeding but to make them an enemy combatant or some other parallel legal regime. i imagine investigators are proceeding according to the textbook in this case, which is essentially due process, u.s. constitution, doj procedure, is that right? pete? okay. all right. we now have someone on the phone, we have someone...
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in the obama administration, they were trying to demonstrate that civilian tools are adequate, they're tough enough to make everybody safe. so in that process, the public safety exception seems to be evolving for terrorism purposes. for example, just to sort of track, we remember the so-called christmas day bomber who was briefly interrogated under the public safety exception but then very quickly given his miranda rights. that got a firestorm of criticism as basically not being tough enough on terrorists. so the next high-profile event was the times square bomber. he was interrogated for hours before given his miranda warnings because you can ask somebody what is a reasonably objective standard to show imminent or immediate danger to the public or police, you can ask somebody those kind of questions. what are you asking about immediate danger and is there a reasonably objective belief that there is imminent danger and when you basically trying to elicit a confession. that's where it gets kind of gray. in this case, there's a very high-profile announcement that miranda isn't going to h
in the obama administration, they were trying to demonstrate that civilian tools are adequate, they're tough enough to make everybody safe. so in that process, the public safety exception seems to be evolving for terrorism purposes. for example, just to sort of track, we remember the so-called christmas day bomber who was briefly interrogated under the public safety exception but then very quickly given his miranda rights. that got a firestorm of criticism as basically not being tough enough on...
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. >>> i want to share this brand new picture released by the white house showing president obama just a short time ago meeting with his national security team in the situation room. it shows the president there being briefed on the ongoing situation in the boston marathon bombing investigation. again, that photo just released by the white house a short time ago. >>> enemy combatant or criminal defendant? how will the investigation and the case against the marathon bombing suspect, how will it proceed? buck sexton is a former cia officer, currently with the blaze, susan crawford, professor at the core dough zoe school of law. thanks for being here. susan, i could tell during my conversation with the congressman, you were nodding but i couldn't tell whether you were nodding in agreement or whether you were nodding in disagreement? >> just interested in what the congressman has to say st. is a moment of great misery and pain and also great importance for the country and we try to figure out what to do so, i'm interested. >> buck what are investigators focusing on now? >> i work for the n
. >>> i want to share this brand new picture released by the white house showing president obama just a short time ago meeting with his national security team in the situation room. it shows the president there being briefed on the ongoing situation in the boston marathon bombing investigation. again, that photo just released by the white house a short time ago. >>> enemy combatant or criminal defendant? how will the investigation and the case against the marathon bombing...
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>> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case was about to go to the supreme court, the government changed its mind and put him into civilian court so we never did get an answer to that question legally. >> one questi
>> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to...